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Home My WebLink About110-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 16, 1988 File No. (110 -88) To: Parties in interest and others Re: Decision in the Application of: HORACE HANFORD SMITH, JR. Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this date. Notice of the action with a copy of the complaint and certified copy of the decision must be given to the Town Clerk so as to be received within such twenty (20) days. William Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 T( T 1-NM The BOARD OF APPEALS, at a public hearing held on FRIDAY, DECEMBER 9, 1988, at 1:00 P.M., in the Town and County Building, Federal and Broad Streets, Nantucket, made the following Decision upon the Application of HORACE HANFORD SMITH, JR. (110 -88). 1. Applicant requests a SPECIAL PERMIT under the provisions of Nantucket Zoning By -law Section 139 -33.A (Alteration of Pre - existing Nonconforming Structure), to enable the alteration and extension of an existing two -story dwelling partly within the required side yard setback area from the westerly sideline of the property. The Premises are located at 47B CLIFF ROAD (Assessor's Parcel 29- 43.1), Land Court Plan 13193 -C, Lot 3, and are zoned RESIDENTIAL -1. 2. We find that the Premises contain a single - family dwelling, which intrudes upon the required side yard setback of 5 feet at the northwesterly line of the property, and the rear yard setback of 5 feet at the northeasterly property line. The Applicant proposes to construct an addition, continuing in the northwesterly line of the existing building. As shown upon the site plan attached hereto, this addition will include a small area within the required side yard, but in the continuation of an existing building line. In addition, the Applicant intends to enclose an area of the first story of the dwelling which is now open but which is located directly beneath an existing portion of the building, partly within the required setback. 3. We find that the existing nonconforming dwelling pre- exists the 1972 adoption of the Nantucket zoning by -law. The Applicant's representatives presented material to show that the proposed addition is to be located in such manner as to enable expansion of an existing kitchen; expansion to the east of the existing structure would obstruct a driveway. An existing fence at the location of the proposed addition relieves any effect upon abutters, and the Applicant offers to relocate this fence at the westerly property line. 4. We find that the design and siting of the proposed addition are consistent with the existing structure and will have no significant effect upon the neighborhood. No opposition was presented at the public hearing. Accordingly, we find that the proposed addition will not be substantially more detrimental to the neighborhood than the existing nonconforming structure, and that it will be in harmony with the general purpose and intent of the By -law. 5. The relief granted is upon the conditions that the addition shall be constructed substantially in accordance with the site plan and elevations attached hereto as Exhibit A, and that a fence shall be erected by the Applicant at the northwesterly property line between the addition and the abutting parcel. -2- Accordingly, this Board by UNANIMOUS vote, hereby grants the requested relief by SPECIAL PERMIT, upon the conditions set forth herein. William R. Sherman i C. Ma hall Be le -3- NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 November 23, 1988 NOTICE A public hearing of the Board of Appeals will be held on Friday, December 9, 1988, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: HORACE HANFORD SMITH, JR. Board of Appeals File No. W -88 seeking a Special Permit to alter and extend an existing two -story dwelling partly within the required 5 -foot westerly side -yard setback by constructing a two -story addition on that side without increasing the extent of the present intrusion into that side yard. The premises are at 47B Cliff Road, Assessor's Parcel 29- 043.1, Land Court Plan 13193 -C, Lot 3, zoned Residential -1. William R. Sherman, Chairman ,fircraa!/rer i� i4 v 130A Form 1 -87 APPLICATION NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") No.- Owner's name(s): Horace Hanford Smith, Jr. Mailing address: c/o Reade & Alger Professional Corporation P 0 Box 2669, Nantucket. MA Applicant's name 02584 Mailing address: location of lot(s): Assessor's map and parcel: 29-41-1 Street address 47R Cliff Roar? Registry LC PL, , 13193 -C Lot Deed ref .Cert- _ 12005 Subdivision Endorsed / / ANR? yPG Date lot(s) acquired: 85 Zoning district Residential -1 Number of dwelling units on lot(s): 1 Rental guest rooms No Commercial use on lot(s): No MCD? Building date(s): all pre -'72 zoning? NO or Building permit application. Nos. and dates 404 (1973) _ & 4944 -87 C of 0? 41J44 -87 Case No(s). or dates all prior BOA applications: - -- State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector by;Appeal per -31A & B: Applicants request a Special Permit under By -law Section 139 -33.A for the expansion of their pre- existing dwelling nonconforming as to side yard setback, by extending the line of the existing dwelling within the required setback. Enclosures forming part of this Application: Supplement Go above Site /Blot plan(s) X with present /proposed structures X Locus map X Floor plans present- /proposed Appeal.record Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee list (4 sets) X Mailing 1abeis,(2•.sets)_X Fee check for �� 2 0 �ili payable to Town of Nantucket X "Cap" covenant I certify that the requested information submitted is substantially complete and truo to the best of my knowledge, under pains and penalties of perjury., Signature: Applicant Attorney /agent X (If not owne , show basis for authority.lto- apply:), FOR OFFICE USE Application copies received: 4((or only ) for BOA One copy given Town Clerk) LI by � Complete? One copy sent to Planning Board and to Building Dept. L5 U'la-) $150.00 check given Town Treasurer LOUSY Notices of hearing posted /��f /mailed/ /blished Hearing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed See - :it:ed files: application - litigation - other BOA Form 1 -87 No. - ARPL'ZCATTON' NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): Horace Hanford Smith, Jr. Mailing address: c/o Reade & Alger Professional Corporation, P. 0. Box 2669, Nantucket, MA Applicant's name 02584 Mailing address: Location of lot(s): Assessor's map and parcel: 29 -43.1 Street address 47R cliff gnarl Registry LC PL, , Pt P 13191 -C Lot _3 Deed ref. CPrt_ 12n05 Subdivision Endorsed _ /_ /_ ANR? yPs Date lot(s) acquired: Zoning district Residential -1 Number of dwelling units on lot(s): 1 Rental guest i:ooms No Commercial use on lot(s): No MCD? Building date(s): all pre -'72 zoning? Nn or Building permit application. Nos. and dates 4n4 (1973) F 4944 -87 C of 0? 4944_g7 Case No(s). or dates all prior BOA applications: - State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector by;Appeal per -31A & B: Applicants request a Special Permit under By -law Section 139 -33.A for the expansion of their r)re- existing dwelling, nonconforming as to side yard setback, by extending the line of the existing dwelling within the required setback. Enclosures forming part of this Application: Supplement to above Site /Mot plan(s) X with present /proposed structures X Locus map X Floor plans present /proposed Appeal.record Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee list (4 sets) x Mailing -labels) (2:.sets)_X Fee check for $HH0 �� payable to Town of Nantucket X "Cap" covenant I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under pains and penalties'of perjury. Signature: Applicant Attorney /agent X (If not owner, show basis for authority=•to- apply":) FOR OFFICE USE Application copies received: 4;;(or only ) for BOA _ /_ /_ by One copy given Town Clerk _ /_ /_ by Complete? One copy sent to Planning Board and to Building Dept. by $150.00 check given Town Treasurer _ /_ /_ by Notices of hearing posted _ /_ /_ mailed _ /_ /_ published Iiearing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed See related files: application - litigation - other